Jury will decide if high school student died of delayed drowning, judge rules

Thursday

Jul 31, 2014 at 6:15 PM

Peter Hall

A jury must decide which of three medical experts is correct about the cause of 15-year-old Juanya Spady's death after he struggled in the Liberty High School swimming pool during gym class in 2010, a federal judge ruled Wednesday.

Spady's mother, Mica Spady, filed a civil rights lawsuit against Bethlehem Area School District alleging a lack of training and vigilance caused her son to die of a condition known as delayed drowning after he inhaled water while trying to swim.

Witnesses said Juanya, who could not swim, struggled to make his way around the pool by hanging on to the edge after being ordered to swim laps. He went underwater when he bumped into a group of students in the deep end, they said.

During English class the following period, Juanya collapsed on his desk and later died despite being rushed to St. Luke's University Hospital in Fountain Hill.

The school district filed court papers last month asking U.S. District Judge Joel Slomsky to decide the case in its favor. The district argued that the evidence uncovered in discovery does not support Mica Spady's claim that the actions of the district and its employees caused a dangerous situation.

But Slomsky found that he could not rule in the district's favor because there are several areas -- including the actual cause of Juanya's death -- in which experts and witnesses to the incident contradict each other.

Jurors will be asked first to decide which of three pathologists, each of whom reached a different conclusion about the cause of Juanya's death, is correct.

"The credibility of these expert witnesses is in dispute, and the cause of Juanya's death is a material fact for the jury to determine," Slomsky said.

Dr. Isidore Mihalakis, who performed the autopsy for the Lehigh County coroner's office, said Spady died of a seizure disorder.

Dr. Cyril Wecht, who reviewed the autopsy for Mica Spady's lawyers, wrote an opinion that Spady died of delayed drowning due to a toxic reaction caused by swimming pool chlorine in his lungs.And Dr. Wayne K. Ross, who reviewed the case at the request of the school district's lawyers, said Spady died of congestive heart failure.

Delayed drowning -- also called secondary drowning -- occurs when a swimmer inhales a small amount of water but is not immediately incapacitated. Instead, the water causes damage to the lungs that leads them to fill with fluid as the body reacts to the injury, said Dr. Stephen Epstein, a spokesman for the American College of Emergency Physicians.

Attorney Steven Ameche, who is pursuing the case with attorney Richard Orloski on Mica Spady's behalf, said he and his client are satisfied with the decision and look forward to moving the case toward a trial.

"We're going to put all of those facts in front of a 12-person jury and they're going to decide whether all of these little things add up to deliberate indifference to the students' well-being," Ameche said.

Joseph Roy, the Bethlehem Area superintendent, said no decision has been made about the district's next step, but it will continue to defend itself. The district's lawyer, Paul G. Lees, did not return a phone call.

"We think the lawsuit is misplaced and that the teacher acted appropriately and the district acted appropriately," Roy said.

The district has a right to appeal Slomsky's decision, but Ameche noted both sides have also been engaged in efforts to reach a settlement before trial.

Slomsky also found there is a question for jurors to decide about whether gym teacher Carlton Rodgers used his authority to create a danger to Spady or render him more vulnerable to danger.Spady was told to get into the pool and try to do laps despite not being able to swim, according to court filings. At some point, Spady told Rodgers he did not feel well and asked to get out of the pool, court documents say.

The school district says Rodgers testified that he told Spady he could get out of the pool to see a school nurse, and only needed to get back in if he felt better. Mica Spady's lawyers, however, say several students testified that Rodgers ordered Spady back into the pool.

"Mr. Rodgers told him to get back in because class wasn't over yet," one of Spady's classmates testified, according to deposition transcripts filed by Mica Spady's lawyers.

Another student said Rodgers would deduct points from students' physical education grades if they did not swim, even when they were not feeling well.

"What would have happened if Juanya refused to go back in the pool?" Ameche asked another one of Juanya's classmates, according to a deposition transcript.

"Tough to say. Rodgers was easy about it, but he was strict about it sometimes. I'd say he may be deducted a grade if he didn't," the boy replied.

Finally, Slomsky ruled that a jury must decide whether the district was deliberately indifferent to the risk to students in failing to train Rodgers and other staff to recognize signs of delayed drowning and how to respond to them.

A person suffering delayed drowning may be lethargic and appear sick. Without immediate medical treatment, the buildup of fluid leads to a condition called acute respiratory distress syndrome, which can be fatal.